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Welcome to the website of ORTEGAGOTGAME, LLC, a California limited liability company . The ORTEGAGOTGAME website provides the user (“you” or “user”) with licensing options for the use of certain rights in and to musical compositions and sound recordings (“Recordings”) from a curated catalog of musicians, bands, and composers.
Please note ORTEGAGOTGAME subscription service (“ORTEGAGOTGAME Subscription”) is governed by Subscription Terms, a separate and distinct agreement
c.The Service may contain links to third-party websites that are not endorsed, owned or controlled by ORTEGAGOTGAME. ORTEGAGOTGAME does not monitor or review the content of any third-party websites. ORTEGAGOTGAME has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ORTEGAGOTGAME will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly release ORTEGAGOTGAME from any and all liability arising from your use of any third-party website. You should evaluate the security and trustworthiness of any other website connected to the ORTEGAGOTGAME website or accessed through this site yourself, before disclosing any personal information to them.
b.The Service and any Content accessible through our Service are for your use only. For each license purchase, we grant you a limited, non-exclusive, non-transferable license, in accordance with the License Agreement to access the Service and use Content through the Service. Except for the foregoing limited license, no right, title, or interest shall be transferred to you.
c.Some, if not most, of the Content found on the Service is provided by third-party providers, and not ORTEGAGOTGAME. Each third-party provider is solely responsible for its Content and for compliance with applicable laws related thereto.
d.You may view ORTEGAGOTGAME Content through the ORTEGAGOTGAME Service only in geographic locations where we offer our Service and have licensed such ORTEGAGOTGAME Content. The Content that may be available for viewing or listening may vary by geographic location. ORTEGAGOTGAME will use technologies to verify your geographic location.
e.You agree not to access Content through any technology or means other than the audio and/or video playback pages of the Service itself or other explicitly authorized means ORTEGAGOTGAME may designate.
f. We continually update the ORTEGAGOTGAME Service, including the Content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of ORTEGAGOTGAME Content, delivery, and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
h.The availability of Content to listen and/or view will change from time to time and from location to location. The quality of the audio and/or display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location and the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. ORTEGAGOTGAME makes no representations or warranties about the quality of your listening and/or watching experience on your audio or visual devices or equipment. The time it takes to begin listening to and/or watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected, and the configuration of your viewing device.
j. The Content on the Service, and the trademarks, service marks, and logos on the Service, are owned by or licensed to ORTEGAGOTGAME, subject to copyright and other intellectual property rights under the law.
k.You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
l. ORTEGAGOTGAME reserves the right to discontinue any aspect of the Service at any time.
m. You agree that you will log each use of a Recording in your user account. Logging a use creates an individual license agreement. Without an individual license agreement the use is invalid.
Visa, Mastercard, Discover, American Express, PayPal, and Account Balances service, are all valid, acceptable forms of payment (“Payment Method”). All monies shall be paid in full prior to receipt of your license(s).
7. License Cancellation Policy. ORTEGAGOTGAME has a 3 Day cancellation policy on all single use licenses. You must submit a request for a refund via email or telephone within 3 days of your original license purchase date.
9. Digital Millennium Copyright Act. Please review our Digital Millennium Copyright Act (DMCA) provision regarding ORTEGAGOTGAME's rights under DMCA included in our License Agreement which is incorporated herein by reference with the same force and effect as if fully set forth herein.
DMCA Takedown Notice Procedure. ORTEGAGOTGAME abides by the DMCA by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you believe that you or someone else’s copyright has been infringed on the ORTEGAGOTGAME Service, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our designated agent immediately. The following notice requirements are intended to comply with ORTEGAGOTGAME's rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. Consult with an attorney prior to submitting your complaint. For your complaint to be valid under the DMCA, please provide the following information:
Notice may be sent:
By Email: MGMT@ORTEGAGOTGAME.COM
10. Disclaimer of Warranties; Limitation of Liability.
a. Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ORTEGAGOTGAME, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. ORTEGAGOTGAME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SERVICE, OR THE CONTENT OF ANY SITES LINKED TO THE ORTEGAGOTGAME WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ORTEGAGOTGAME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ORTEGAGOTGAME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
b. Limitation of Liability.
i. IN NO EVENT SHALL ORTEGAGOTGAME, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
ii. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ORTEGAGOTGAME SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
iii. NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL ORTEGAGOTGAME CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO ORTEGAGOTGAME PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
12. Use of Information Submitted. ORTEGAGOTGAME is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including the ORTEGAGOTGAME website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products and creating, modifying, or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note ORTEGAGOTGAME does not accept unsolicited materials or ideas for Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ORTEGAGOTGAME. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ORTEGAGOTGAME regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
13. Monitoring and Enforcement. Notwithstanding anything herein to the contrary, ORTEGAGOTGAME has the right to:
a.remove or refuse to post any Content or Feedback for any or no reason in our sole and absolute discretion;
c.disclose your identity or other information about you to any third party who claims that any portion of your Content violates their rights, including their intellectual property rights or their right to privacy;
d.take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the ORTEGAGOTGAME website; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the ORTEGAGOTGAME website.
15. General Provisions.
f. Survival Clause. The Disclaimer of Warranties (Section 10.a.), Limitation of Liability (Section 10.b.), Severability (Section 10.c.), Indemnity (Section 11), and Governing Law; Venue; Jurisdiction; Waiver (Section 15.e.) provisions shall survive the termination of your use of the Service, the deactivation or termination of your account, and the expiration or termination of your License Agreement(s).
g. Force Majeure. Except for the payment of license-related fees, each party will be excused from any failure or delay caused by or the result of causes beyond its reasonable control and could not have been avoided or corrected through the exercise of reasonable diligence, including, but not limited to, acts of God, fire, flood, earthquake, hurricane or other natural catastrophe, terrorist actions, laws, orders, regulations, directions or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, national emergency, civil unrest, insurrection, riot or war, labor strikes not involving either party’s employees, general failure of telecommunication or digital transmission links, general failure of the Internet, failure of any third party operating systems, platforms, applications or networks not under reasonable control of ORTEGAGOTGAME, or other similar occurrence.